Legal Opinion

Prater v. Comprehensive Health Center, LLC

District Court of Appeal of Florida

Decided January 20, 2016No. 3D14-2164PublishedCited by 4 opinions

1Opinion of the CourtEmas, J.

Plaintiff, Linda Prater, appeals the trial court’s order striking her pleadings and entering final judgment in favor of the Defendants, Comprehensive Health Center, LLC, Rose-May Seide, M.D. and Phil-lipe Louis Jacques, P.A. For the reasons set forth herein, we reverse.

At the heart of this appeal is the 'late disclosure of a single piece of evidence which Prater’s counsel discovered on the eve of the first day of jury selection: an electronic cbpy of a page from a prescription pad from Comprehensive’s office with the handwritten words “Prilosec OTC” scrawled across it. There was no patient…

2Cases cited3 opinions

  1. Mercer v. RaineSupreme Court of Florida · 1983
  2. Kozel v. OstendorfSupreme Court of Florida · 1994
  3. Turner v. AndersonDistrict Court of Appeal of Florida · 1979

3Cited by4 opinions

  1. U.S. Bank National Ass'n v. RodriguezDistrict Court of Appeal of Florida · 2016
  2. Atkin v. KaneDistrict Court of Appeal of Florida · 2018
  3. City of Miami v. Vilma MarcosDistrict Court of Appeal of Florida · 2025
  4. LONGINO ROMAN CRUZ v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2020

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